The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday's outcome is expected to lead to abortion bans in roughly half the states.

The decision, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court that has been fortified by three appointees of former President Donald Trump.

The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.

It puts the court at odds with a majority of Americans who favored preserving Roe, according to opinion polls.

Alito, in the final opinion issued Friday, wrote that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the right to abortion, were wrong the day they were decided and must be overturned.

“We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” Alito wrote.

Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.

Joining Alito were Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.

Chief Justice John Roberts would have stopped short of ending the abortion right, noting that he would have upheld the Mississippi law at the heart of the case, a ban on abortion after 15 weeks, and said no more.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — the diminished liberal wing of the court — were in dissent.

“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” they wrote.

The ruling is expected to disproportionately affect minority women who already face limited access to health care, according to statistics analyzed by The Associated Press.

Thirteen states, mainly in the South and Midwest, already have laws on the books that ban abortion in the event Roe is overturned. Another half-dozen states have near-total bans or prohibitions after 6 weeks of pregnancy, before many women know they are pregnant.

In roughly a half-dozen other states, the fight will be over dormant abortion bans that were enacted before Roe was decided in 1973 or new proposals to sharply limit when abortions can be performed, according to the Guttmacher Institute, a research group that supports abortion rights.

More than 90% of abortions take place in the first 13 weeks of pregnancy, and more than half are now done with pills, not surgery, according to data compiled by Guttmacher.

The decision came against a backdrop of public opinion surveys that find a majority of Americans oppose overturning Roe and handing the question of whether to permit abortion entirely to the states. Polls conducted by The Associated Press-NORC Center for Public Affairs Research and others also have consistently shown about 1 in 10 Americans want abortion to be illegal in all cases. A majority are in favor of abortion being legal in all or most circumstances, but polls indicate many also support restrictions especially later in pregnancy.

The Biden administration and other defenders of abortion rights have warned that a decision overturning Roe also would threaten other high court decisions in favor of gay rights and even potentially, contraception.

But Alito wrote in his draft opinion that his analysis addresses abortion only, not other rights that also stem from a right to privacy that the high court has found implicit, though not directly stated, in the Constitution. Abortion is different, Alito wrote, because of the unique moral question it poses.

Whatever the intentions of the person who leaked Alito’s draft opinion, the conservatives held firm in overturning Roe and Casey.

In his draft, Alito dismissed the arguments in favor of retaining the two decisions, including that multiple generations of American women have partly relied on the right to abortion to gain economic and political power.

Changing the composition of the court has been central to the anti-abortion side’s strategy. Mississippi and its allies made increasingly aggressive arguments as the case developed, and two high-court defenders of abortion rights retired or died. The state initially argued that its law could be upheld without overruling the court’s abortion precedents.

Then-Gov. Phil Bryant signed the 15-week measure into law in March 2018, when Justices Anthony Kennedy and Ruth Bader Ginsburg were still members of a five-justice majority that was mainly protective of abortion rights.

By early summer, Kennedy had retired and was replaced by Justice Brett Kavanaugh a few months later. The Mississippi law was blocked in lower federal courts.

But the state always was headed to the nation’s highest court. It did not even ask for a hearing before a three-judge panel of the 5th U.S. Circuit Court of Appeals, which ultimately held the law invalid in December 2019.

By early September 2020, the Supreme Court was ready to consider the state’s appeal.

The court scheduled the case for consideration at the justices’ private conference on Sept. 29. But in the intervening weeks, Ginsburg died and Barrett was quickly nominated and confirmed without a single Democratic vote.

The stage now was set, although it took the court another half year to agree to hear the case.

By the time Mississippi filed its main written argument with the court in the summer, the thrust of its argument had changed and it was now calling for the wholesale overruling of Roe and Casey.

Planned Parenthood response

The first sign that the court might be receptive to wiping away the constitutional right to abortion came in late summer, when the justices divided 5-4 in allowing Texas to enforce a ban on the procedure at roughly six weeks, before some women even know they are pregnant. That dispute turned on the unique structure of the law, including its enforcement by private citizens rather than by state officials, and how it can be challenged in court.

But Justice Sonia Sotomayor noted in a searing dissent for the three liberal justices that their conservative colleagues refused to block “a flagrantly unconstitutional law” that “flouts nearly 50 years of federal precedents.” Roberts was also among the dissenters.

Then in December, after hearing additional arguments over whether to block the Texas law known as S.B. 8, the court again declined to do so, also by a 5-4 vote. “The clear purpose and actual effect of S. B. 8 has been to nullify this Court’s rulings,” Roberts wrote, in a partial dissent.

In their Senate hearings, Trump’s three high-court picks carefully skirted questions about how they would vote in any cases, including about abortion.

But even as Democrats and abortion rights supporters predicted Kavanaugh and Gorsuch would vote to upend abortion rights if confirmed, the two left at least one Republican senator with a different impression. Sen. Susan Collins of Maine predicted Gorsuch and Kavanaugh wouldn’t support overturning the abortion cases, based on private conversations she had with them when they were nominees to the Supreme Court.

Barrett was perhaps the most vocal opponent of abortion in her time as a law professor, before becoming a federal judge in 2017. She was a member of anti-abortion groups at Notre Dame University, where she taught law, and she signed a newspaper ad opposing “abortion on demand” and defending “the right to life from fertilization to natural death.” She promised to set aside her personal views when judging cases.

Trump, meanwhile, had predicted as a candidate that whoever he named to the court would “automatically” vote to overrule Roe.

Download PDF SCOTUS abortion ruling

Nevada Attorney General Aaron D. Ford released the following statement:

“Today is a sad day for our country. We must allow ourselves time to feel sorrow over today’s decision, but we must and will wake up tomorrow ready to continue the fight,” said AG Ford. “I will do everything within my power to stand up and fight for Americans’ shared constitutional reproductive rights that were erroneously and cruelly stripped away.”

“I want to stress that this decision will not immediately affect abortion access in Nevada,” AG Ford continued. “Nevadans’ right to reproductive care is protected under state law, but that does not mean we can become complacent. Those who wish to attack reproductive rights will not stop at this ruling, and there are ways less sympathetic state or federal governments could find ways to restrict access in Nevada.”

Lindsey Harmon, Executive Director of Planned Parenthood Votes Nevada released this statement:

“By overturning Roe v. Wade, the Supreme Court has now officially given politicians permission to control what we do with our bodies. This dangerous and chilling decision will have devastating consequences across the country, and will ultimately force people to travel hundreds, sometimes thousands, of miles for care or go without care entirely. However, we want everyone to know that in Nevada, you can still seek an abortion today. And for those in states that may be losing access, Nevada will remain a safe haven for abortion care.

“That said, today’s decision is a call to action for supporters of abortion rights. Planned Parenthood Votes Nevada, our partners, and our supporters will never stop fighting for your rights. Nevada’s current protections for abortion access are due to the hard work and advocacy of our communities on the ground. Whether it's legislative advocacy, educating our communities, or working to ensure abortion rights champions represent Nevadans in every facet of government, we will not compromise on our right to our bodies, our dignity, and our freedom.”

Governor Steve Sisolak released the following statement:

“This decision is devastating for tens of thousands of Nevada women, but it’s exactly what my opponent wanted. I’ve been unwavering in my commitment to protecting the right to abortion and in Carson City, we’ve made progress expanding access to reproductive freedom and to critical contraceptives. Joe Lombardo committed to signing legislation that could roll back current protections codified in Nevada statute and he left the door open to implementing new barriers to abortion and limiting access to contraceptives. Politicians should never have a say when it comes to the personal decision of when or if to start a family and as long as I’m governor, I’ll keep it that way.”

The Nevada State Democratic Party released the following statement on the Supreme Court’s decision to strike down the historic Roe v. Wade ruling:

“There are no words that can capture our outrage at this unconscionable ruling. For half a century, Roe v. Wade has not only protected the right of Americans to exercise control over their own bodies but has also served as a bulwark around countless individual liberties protecting the dignity and privacy of Americans. We condemn, without hesitation and without reservation, this truly despicable decision. We recognize it as one that has no basis in respect for the lives and rights of Americans, instead being the culmination of an effort by a minority to force their views upon the rest of this nation.

“Although we recognize that our rights to reproductive care are protected by Nevada laws, we are only too familiar with the Republicans’ tactics of making abortion effectively impossible through roadblocks, restrictions, and bureaucracy. Our party, our elected leaders and representatives, and our allies stand united in our commitment to defending not only the rights of Nevadans but the rights of the Americans who will soon be coming to our state in search of medical care. We will not cede a single seat to the Republicans seeking to bring these same cruel, regressive policies to Nevada.

“Nevada’s statehood was born out of the struggle for liberty, equality, and justice. Fearlessly standing for the rights of every American is more than our duty, it is our legacy. We call on our Democratic leaders at the Federal level to abolish the filibuster and protect reproductive rights through law. We call on every Nevadan to join us in condemning this ruling and supporting candidates fully dedicated to the defense of reproductive care in Nevada and the restoration of our rights in every state and territory in our nation.”

U.S. Representative Mark Amodei (NV-02) issued the following statement:

“In the long-awaited Dobbs v. Jackson Women’s Health Organization case, the U.S. Supreme Court ruled that abortion is not a constitutional right, thus allowing each state to regulate it as they see fit. While I am personally pro-life and have a strong pro-life voting record in Congress, Nevadans voted by referendum in 1990 to legalize abortions beyond the minimum criteria of Roe v. Wade. If Nevadans wish to change those abortion laws to reflect the Dobbs v. Jackson ruling, this must be done through a proposed ballot initiative. Just as the U.S. Supreme Court had a process to follow in terms hearing and reaching a decision on this case, the State of Nevada also has a process to follow in order to change our state’s existing abortion laws. In Congress, my voting record and legislative actions will continue reflect my commitment to protecting life. This includes preserving the Hyde Amendment and preventing the taxpayer funding of abortions and opposing the majority party’s abortion-on-demand agenda.”

U.S. Senator Jacky Rosen (D-NV) released the following statement: 

“The devastating move by the Supreme Court to overturn a fundamental right and nearly 50 years of precedent will have dire consequences for women’s health and reproductive freedom all across our country,” said Senator Rosen. “This decision takes away women’s right to make their own decisions about their health care and their family, handing that power to anti-choice politicians who have been working for decades to enact rigid and harmful restrictions on abortion access. Republicans in Washington and across the country have made clear they will use this ruling to try to enact a nationwide abortion ban and even pass dangerous laws with no exceptions for horrific situations like rape, incest, or a mom’s life being at risk. Now more than ever, we must keep fighting to restore and protect reproductive rights.”

U.S. Senator Catherine Cortez Masto (D-Nev.) issued the following statement:

“Today, a majority of justices on Supreme Court voted to overrule Roe v. Wade, rolling back the clock on reproductive care and depriving Americans of a long-established right. This is a devastating day for women in America. People in dozens of states across the country will live under extreme abortion bans, and access to critical care will be threatened all across the U.S. This is absolutely unacceptable. Women need the full range of reproductive health services to make important decisions about their physical and mental health, their bodies, their economic future, and their families’ well-being. The majority of Nevadans agree, and I will continue to fight for reproductive rights and push back on extremist laws that deprive people of essential health care.”

Congressman Steven Horsford (D-NV) released this statement. 

“The decision to end the protections of Roe v. Wade by the Supreme Court is unprecedented. For the first time in history, the highest court in the land has rolled back a right it had previously guaranteed.

“The institution is supposed to be one that expands and guarantees the rights of Americans in the face of political turmoil. Instead, it has become an arm of politicians and ideologues. That turn is even more clear in Justice Clarence Thomas’ opinion in this decision, where he suggests the court should reconsider other opinions that have protected access to contraception and the rights of LGBTQ+ people to marriage and privacy.

“Women’s choices about their health and family planning should be theirs to make. Abortion will remain legal in Nevada thanks to the protections voters enshrined in 1990 with overwhelming margins. But because other states are revoking the right to choose, we may see our health system strained as women travel to Nevada for safe treatment.

“I have fought for and voted for a woman's right to choose in Congress. The Senate can immediately fix this. They can pass the Women’s Health Protection Act the House has already passed. It’s time to pass the bill and get it to the President for his signature.”

Silver State Equality, Nevada’s statewide LGBTQ+ civil rights organization, released the following statement from State Director André C. Wade:

“Today, our country’s conservative Supreme Court overturned Roe v. Wade, stripping away from millions of women the constitutional right to safe, legal abortion and returning abortion rights to state legislatures - many of which, at this moment, have already criminalized abortion care, even to the extent of taking action to prevent women from traveling to other states for abortion access.

“Make no mistake, the Supreme Court’s overturning of Roe v. Wade today is not the end game. If this right can be taken away, other rights are at risk. There is a Supreme Court trajectory to devalue the rights of women, transgender men and nonbinary people their lives and livelihoods and to the curtail the civil rights of any population that does not meet their right-wing political agenda.

“When the Supreme Court is willing to throw away 50 years of precedent, it proves that we are at a dangerous moment. The Court’s majority opinion fulfills an ideological agenda and demonstrates that all our rights are on the line. There is no doubt that state lawmakers are now emboldened to test the limits of our hard-won civil rights.

“Women are under attack. LGBTQ+ people are under attack. Americans are under attack. We will not relent. We will not allow our voices to be silenced. Silver State Equality will continue to work with our allies in the reproductive rights movement across Nevada. And we remain focused on a variety of LGBTQ+ issues, including attacks against trans kids, efforts to roll back protections for LGBTQ+ students, critical criminal justice reforms and the freedom to marriage equality.

And we must vote out anyone who stands in our way.”

(Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.)